Tag: Administrative

Downderry Construction Ltd v Secretary of State for Transport, Local Government and the Regions and Another: Admn 11 Jan 2002

The applicant had an existing planning permission. They sought and received confirmation from the local authority that the permission remained in effect. They then sought a certificate of lawful use. The letter confirming the permission had been issued in error, but the claimant asserted that the council were estopped from refusing the certificate. The inspector said the developer knew enough not to have relied upon the letter.
Held: A public authority may be subject to an estoppel even in exercising its statutory duties in exceptional circumstances. Here the representation made by the council was clear and unambiguous, and the applicant believed it and relied upon it to his detriment. It was not justified to say he should have known the falsity of the representation. There is no requirement as to the reasonableness of the claimant relying upon the representation. The inspector erred in law and his decision was quashed.

Judges:

Richards J

Citations:

[2002] EWHC 2 (Admin)

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 191 192

Jurisdiction:

England and Wales

Citing:

Cited – Western Fish Products Ltd v Penwith District Council and Another CA 22-May-1978
Estoppel Cannot Oust Statutory Discretion
The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative, Estoppel

Updated: 20 December 2022; Ref: scu.168018

Regina v Avon County Council Ex Parte Crabtree: CA 15 Nov 1995

Rules of natural justice need not always be followed if the context requires. The scope of the common law rule against bias and its application to the facts of a particular case depends on what the facts are, as does the content of the obligation to act fairly in a particular case

Judges:

Neill LJ

Citations:

Times 29-Nov-1995

Jurisdiction:

England and Wales

Cited by:

Cited – Cheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 09 December 2022; Ref: scu.86070

K, A and B v Secretary of State for Defence Secretary of State for Foreign and Commonwealth Affairs: Admn 26 Apr 2017

The Claimants have brought public law claims against the Defendants in relation to protection, relocation and compensation, claiming to have acted as covert human intelligence sources, CHIS, for the United Kingdom in Afghanistan.

Judges:

Simon LJ, Ouseley J

Citations:

[2017] EWHC 830 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Reprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 09 December 2022; Ref: scu.582149

International Express Carriers Conference v Commission of the European Communities (Supported by UK, Deutsche Post Ag, the Post Office and La Poste Interveners): ECJ 1 Oct 1998

The Commission was wrong to approve of interception of mail by postal authorities to get around attempts to abuse international agreements for international mail by taking advantage of cheaper rates of foreign operators. The interception was excessive.

Citations:

Times 01-Oct-1998, T-133/95, T-204/95

Statutes:

Universal Postal Union Convention art 25

Jurisdiction:

European

Administrative

Updated: 07 December 2022; Ref: scu.82404

Regina v Lord Saville of Newdigate and Members of the Tribunal Sitting As Bloody Sunday Inquiry, ex Parte: B; O and U and V: CA 30 Mar 1999

A second tribunal of enquiry into a matter was not bound by decisions of the first to give anonymity to witnesses. It must however consider that decision. Such tribunals had to govern their own procedures. Appeals against reasons alone are not recommended.

Citations:

Times 15-Apr-1999, [1999] EWCA Civ 1136

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Lord Saville of Newdigate Right Honourable Sir Edward Somers Right Honourable Justice Hoyt (the Members of Tribunal Sitting As Bloody Sunday Inquiry) ex parte B, O, U and V Admn 4-Feb-1999
. .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 05 December 2022; Ref: scu.146051

Hysaj and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Dec 2017

The court was asked whether the misrepresentations made by the appellants in their applications for United Kingdom citizenship made the grant of that citizenship a nullity, rather than rendering them liable to be deprived of that citizenship under sections 40 and 40A of the British Nationality Act 1981. The respondent had now asked that the appeals be allowed by consent.
Held: His reasons were largely been adopted by the Court.
The conflicting decisions had been difficult to reconcile and created uncertainty, and Akhtar and Bibi were overruled.
The Appellants were British citizens by naturalisation under section 6(1) of the British Nationality Act 1981 and that that citizenship remained valid unless and until a formal deprivation order is made pursuant to section 40(3) of the 1981 Act.

Judges:

Lady Hale, President, Lord Kerr, Lord Wilson, Lord Hughes, Lord Hodge

Citations:

[2017] UKSC 82, [2018] 2 All ER 471, [2018] INLR 279, [2018] Imm AR 699, [2018] 1 WLR 221, UKSC 2016/0209

Links:

Bailii, Bailii Summary, SC, SC Summary

Statutes:

British Nationality Act 1981 6(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – Hysaj and Others, Regina (On The Application of) v Secretary of State for The Home Department CA 26-Nov-2015
Each of the three applicamts having been found to have lied in order to obtain British Nationality, now appealed against a decision that they were not in fact Britsh citizens. . .
Cited – Regina v Secretary of State for the Home Department ex parte Sultan Mahmood CA 1978
The applicant appealed refusal of his writ of habeas corpus. He had been arrested pending removal to Pakistan. He said that he had been registered a British Citizen under the 1948 Act. Whilst in Pakistan he had substituted his own photograph for . .
Appeal from – Hysaj v Secretary of State for The Home Department CA 16-Dec-2014
Applications for extensions of time to file an appeal should be taken the same as for applications for relief from sanctions, and should attract the same rigorous approach. There is no good reason to have a different approach for public law cases. . .
Overruled – Regina v Secretary of State for the Home Department ex parte Parvaz Akhtar CA 1981
The applicant appealed refusal of a writ of habeas corpus. He was to be removed as an illegal immigrant. He had entered claiming to be registered as a British citizen but under somebody else’s identity.
Held: The Secretary of State had had no . .
Cited – Regina v Secretary of State for the Home Department Ex Parte Ejaz CA 7-Dec-1993
The question was whether the Secretary of State was entitled to treat a woman, who had obtained naturalisation as the wife of a British citizen, as an illegal entrant on the basis that her husband later turned out not in fact to be a British . .
Overruled – Bibi and others v Entry Clearance Officer, Dhaka CA 18-Jul-2007
The deceased had come to live in the UK and obtain citizenship under somebody else’s identity. After his death his wife and children sought clearance to come to live here.
Held: Her appeal failed. The residence of her late husband was . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 04 December 2022; Ref: scu.601874

Evans, Regina (on The Application of) v HM Attorney General and Another: Admn 9 Jul 2013

The claimant had requested disclosure of correspondence between Prince Charles and assorted government departments. It had been refused, the Attorney General issuing a certificate under section 53(2) after the Upper tribunal had allowed the claimant’s appeal from an initial refusal, stating that he had, on reasonable grounds, formed the opinion that the Departments had been entitled to refuse disclosure of the letters, and set out his reasoning.
Held: The claim for judicial review failed. Section 53 of the Act was an unusual provision giving an executive override or veto of what (in the case of tribunal and court conclusions) would have been a judicial decision. However the language of the section required there to be reasonable grounds for the certifcate, stated cogently and judged objectively. That statutory test should not be glossed with any Wednesbury style test, and nor was the court to substitute its own assessment for that of the minister. ‘Reasonable grounds’ in section 53(2) simply meant grounds which, when viewed on their own, were ‘cogent’, and there was no reason to constrain the expression to exclude the accountable person from forming his own view simply because it differed from that of a court or tribunal.

Judges:

Lord Judge LCJ, Davis LJ, Globe J

Citations:

[2013] EWHC 1960 (Admin), [2013] 3 WLR 1631, [2013] WLR(D) 313, [2014] 1 CMLR 8, [2014] 1 All ER 23

Links:

Bailii, WLRD

Statutes:

Freedom of Information Act 2000 53, Environmental Information Regulations 2004 (SI 2004/3391)

Jurisdiction:

England and Wales

Citing:

See Also – Evans v Information Commissioner UTAA 18-Sep-2012
The claimant journalist had requested copies of correspondence between Prince Charles and assorted public bodies.
Held: ‘The Upper Tribunal allows the appeals by Mr Evans. A further decision identifying information to be disclosed to Mr Evans, . .

Cited by:

Appeal from – Evans, Regina (on The Application of) v HM Attorney General and Another CA 12-Mar-2014
The claimant journalist had requested disclosure under the 2000 Act of correspondence between the Prince of Wales and government departments. The Upper Tribunal had found that matters where the prince had acted as advocate were disclosable. . .
Appeal from – Evans v The Information Commissioner and Others CA 12-Mar-2014
Mr Evans had sought release under the 2000 Act of leers from the Prince of Wales to variou government ministers. The Upper Tribunal had allowed his appeal aganst refusal, but the Attorney had then issued a certificate that in his opinion, the . .
At Admn – Evans and Another, Regina (on The Application of) v Attorney General SC 26-Mar-2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been . .
Lists of cited by and citing cases may be incomplete.

Information, Constitutional, Administrative

Updated: 04 December 2022; Ref: scu.512206

Singh (Pargan) v Secretary of State for the Home Department: HL 10 Mar 1993

An issue arose as to whether the Secretary of State was required by section 18 of the Immigration Act 1981 to make regulations concerning the giving of notice of a decision for the purposes of appeal. if regulations were not made, the right of appeal conferred by the legislation could not have been exercised.
Held: Provisions for deemed service at the last known address of an applicant are intra vires. The Secretary of State had a duty to make such regulations. It would be assumed that Parliament intended that the person delegated with the relevant power should make regulations so as to activate the right in practice.
A duty to exercise a power would arise on a Minister where its exercise was necessary to give effect to rights created by Parliament.
Lord Jauncey of Tullichettle said: ‘Sections 13 to 16 of the Act confer rights of appeal upon persons in relation to various actions and decisions affecting them, such as refusal of leave to enter the United Kingdom, deportation orders and directions for removal. If those rights are to be effective the persons concerned must, where possible, be given such notice as will enable them to exercise those rights. In my view Parliament intended that the Secretary of State should be required to make regulations that would ensure, so far as practicable, that persons upon whom the rights of appeal had been conferred should be enabled effectively to exercise those rights. It follows that the Secretary of State does not have a discretion as to whether or not he shall make regulations.’
As to service: ‘Mr Mitchell’s argument that service on a person at his last known abode when he is known not to be there is Wednesbury unreasonable also fails. It is to be noted that the attack is not on the vires of regulation 6 but upon its exercise in the particular circumstances of this case. This argument necessarily involves construing ‘last known place of abode’ as meaning ‘last known place of abode at which there is reason to believe he might still be abiding.’ There is no warrant for such a construction. ‘Last known place of abode’ means exactly what it says, no more and no less. If it is known where a person was living but it is not known where he is now living, the former is his last known place of abode at which the regulation directs notice to be given. The formula is well known. For example, R.S.C., Ord. 10, r. 1(2)(a) provides for service of an originating process by posting to the defendant ‘at his usual or last known address.’ ‘

Judges:

Lord Jauncey of Tullichettle

Citations:

Gazette 10-Mar-1993, 1993 SC (HL) 1, [1992] 1 WLR 1052

Statutes:

Immigration Act 1971 18

Jurisdiction:

England and Wales

Cited by:

Cited – RM v The Scottish Ministers SC 28-Nov-2012
The pursuer was held in a secure mental hospital. When moved to a highersecurity section, he challenged the move. He lost but then was unable to make an apeal as allowed iunder the 2003 Act because the Scottish Parliament had not created the . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 01 December 2022; Ref: scu.89278

Simpsons Motor Sales (London) Ltd v Hendon Corporation: HL 1964

The plaintiff complained of an attempt by the defendant local authority to enforce in October 1958 a CPO made several years earlier. He obtained at first instance an injunction to restrain the local authority from proceedings on the basis of an increase in land values between times. The Court of Appeal reversed the first instance decision.
Held: The appeal failed. Delay by the acquiring authority in acquiring the land is not a sufficient ground to disentitle it from proceeding to acquisition if it was based on good conscience unless those seeking the relief can establish bad faith or or that the owners or those seeking the relief have been placed in an unfair position because of the long period which has elapsed since the service of the notice to treat. However, where a body has a power of compulsory acquisition which is expressed or limited by reference to a particular purpose, then it is not legitimate for the body to seek to use the power for a different or collateral purpose.
Lord Evershed accepted that there might be circumstances where a court could interfere, such as where to permit the local authority to enforce its rights under the CPO would: ‘be against good conscience. In order to achieve such a result it seems to me that it would be necessary to show one or both of the following: that there had been on the part of the Corporation, something in the nature of bad faith, some misconduct, some abuse of their powers: that there had been on the part of Simpsons some alteration of their position – something must have been done or not have been done by them on the faith and in the belief that there would be a speedy acquisition of the North road site: in other words, that they had in some sense been put into an unfair position because of the long period which had elapsed since the service of the notice to treat’.

Judges:

Lord Evershed

Citations:

[1964] AC 1088

Jurisdiction:

England and Wales

Citing:

Appeal from – Simpsons Motor Sales (London) Ltd v Hendon Corporation (No 1) CA 1962
The use of land purchased under compulsory powers for a different purpose was ultra vires, but did not undermine the original notice to treat. There was no reason not to use a compendious description of the range of purposes for which land was to be . .

Cited by:

Cited – Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another SC 12-May-2010
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an . .
At HL – Simpsons Motor Sales (London) Ltd v Hendon Corporation 1965
The paying party under an order for costs objected to the amount of leadig counsel’s fees.
Held: Pennycuick J discussed Rule 28(2) and the Smith -v- Bullins Case: ‘The words ‘or proper for the attainment of justice or for enforcing or . .
Lists of cited by and citing cases may be incomplete.

Land, Administrative

Updated: 19 November 2022; Ref: scu.414938

Attorney-General v Blake: CA 16 Dec 1997

A former member of the security services, convicted for spying, had written a book. The AG appealed a refusal to prevent publication. The court upheld denied the appeal on the breach of fiduciary claim. The Attorney General amended his statement of claim and advanced a public law claim to asserted, not a private law right on behalf of the Crown, but a claim for relief in his capacity as guardian of the public interest.
Held: In this latter capacity the Attorney General may, exceptionally, invoke the assistance of the civil law in aid of the criminal law. The jurisdiction of the civil courts was not limited to an injunction restraining the commission or repeated commission of an offence. If a criminal offence has already been committed, the jurisdiction extends to enforcing public policy with respect to the consequences of the commission of that crime, e.g. restraining receipt by the criminal of a further benefit as a result of or in connection with that crime. This was an exceptional case in which the Attorney General could intervene by civil proceedings, in aid of the criminal law, to uphold the public policy of ensuring that a criminal does not retain profit directly derived from the commission of his crime. The court made an order that the defendant be restrained from receiving any payment resulting from the exploitation of the book in any form or any information therein relating to security and intelligence which is or has been in his possession by virtue of his position as a member of the Secret Intelligence Service.

Judges:

Lord Woolf M.R., Millett and Mummery L.JJ

Citations:

Times 22-Dec-1997, Gazette 28-Jan-1998, [1997] EWCA Civ 3008, [1998] Ch 439, [1998] EMLR 309, [1998] 1 All ER 833

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Attorney General v Blake ChD 23-Apr-1996
The Crown claimed that in writing a book and authorising its publication, Blake, a former security services employee, was in breach of fiduciary duties he owed to the Crown.
Held: Blake was not to be prevented from earning money from the . .

Cited by:

Cited – Arklow Investments Ltd and Another v Maclean and Others PC 1-Dec-1999
PC (New Zealand) Land was offered for sale. A potential buyer, the appellant was approached by a merchant bank with a proposal for finance. When he sought finance elsewhere, a company associated with the bank . .
Lists of cited by and citing cases may be incomplete.

Administrative, Media, Employment

Updated: 13 November 2022; Ref: scu.180885

Regina v Warwickshire County Council ex parte Powergen Plc: CA 31 Jul 1997

The council as highway authority had objected to a development on the grounds of road safety. The application was subsequently approved by the Secretary of State, but the Council sought to maintain its safety objection.
Held: The highway authority must co-operate in implementing a planning permission after a successful appeal against its advice that it was an unsafe development. The highway did not have continuing independent discretion to refuse to enter into the section 278 agreement.
Simon Brown LJ stated that ‘because of its independence and because of the process by which it is arrived at’, the inspector’s conclusion had become ‘the only properly tenable view on the issue of road safety’.

Judges:

Simon Brown LJ, Otton LJ, Mummery LJ

Citations:

[1997] EWCA Civ 2280, (1997) 96 LGR 617

Links:

Bailii

Statutes:

Highways Act 1980 278

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Warwickshire County Council Ex Parte Powergen Plc QBD 9-Jan-1997
The power to incorporate highway works in planning agreements is limited to subject land. Forbes J said: ‘It is common ground that the new Section 278 was intended to fit into and play its part in the overall legislative system for the controlled . .
Leave to Appeal granted – Regina v Warwickshire County Council ex parte Powergen Plc CA 30-Apr-1997
Application for leave to appeal – interaction of planning system and section 278. . .
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – Regina v Secretary of State for the Home Department Ex Parte Onibiyo CA 28-Mar-1996
More than one asylum claim may be made, but they must be sufficiently different to justify a second claim. The court considered when an application could be treated as having been finally determined and when it was necessary for the Secretary of . .
Cited – Director of Public Prosecutions v Hutchinson; Director of Public Prosecutions v Smith HL 12-Jul-1990
Protesters objected that byelaws which had been made to prevent access to common land, namely Greenham Common were invalid.
Held: The byelaws did prejudice the rights of common. The House was concerned to clarify the test applicable when . .

Cited by:

Cited – Portsmouth City Football Club v Sellar Properties (Portsmouth) Limited, Singer and Friedlander Properties Plc ChD 17-Sep-2003
Various contracts were entered into for the sale of land, with compensation being paid in certain circumstances. One contract required a calculation of consideration as a set figure less a sum to be calculated as the cost of acquiring land. The sum . .
Cited – Evans and Another, Regina (on The Application of) v Attorney General SC 26-Mar-2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 09 November 2022; Ref: scu.142677

Antonelli v Secretary of State for Trade and Industry: CA 31 Jul 1997

The Secretary of State had the right to take account of a foreign criminal conviction against property, when assessing the fitness of a Estate Agent to act as such, even though the offence also took place before the Act came into effect. The statute had been introduced to protect the public against the activities of fraudulent or dishonest or violent estate agents.

Judges:

Beldam LJ, Kennedy and Aldous LJJ

Citations:

Gazette 17-Sep-1997, Times 03-Oct-1997, [1997] EWCA Civ 2282, [1998] QB 948, [1998] 1 All ER 997

Links:

Bailii

Statutes:

Estate Agents Act 1979 3(2)(a)

Jurisdiction:

England and Wales

Cited by:

Cited – General Medical Council v Professor Sir Roy Meadow, Attorney General CA 26-Oct-2006
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was . .
Cited – Wright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills Admn 16-Nov-2006
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
Lists of cited by and citing cases may be incomplete.

Administrative, Consumer

Updated: 09 November 2022; Ref: scu.77822

Kelly v Commissioner of Police for Metropolis: CA 22 Jul 1997

Some forms used by police in reports to the Crown Prosecution Service attract public interest immunity from disclosure in an action against police. Public Interest Immunity is not subject to distinction between task of investigating a complaint and of reporting an investigation.

Citations:

Gazette 03-Sep-1997, Times 20-Aug-1997, [1997] EWCA Civ 2160

Jurisdiction:

England and Wales

Administrative, Police, Litigation Practice

Updated: 09 November 2022; Ref: scu.82714

Propend Finance Property Ltd and Others v Sing and Another: CA 17 Apr 1997

Diplomatic immunity had not been waived by an Australian policeman acting in breach of a court undertaking re documents. The effect of s14(1) was to give state officials protection ‘under the same cloak’ as the state itself: ‘The protection afforded by the Act of 1978 to States would be undermined if employees, officers (or, as one authority puts it, ‘functionaries’) could be sued as individuals for matters of State conduct in respect of which the State they were serving had immunity. Section 14(1) must be read as affording to individual employees or officers of a foreign State protection under the same cloak as protects the State itself.’ The court did not distinguish, or have to, between the scope of personal and subject-matter immunity.

Citations:

Times 02-May-1997, [1997] EWCA Civ 1433, (1997) 111 ILR 611

Statutes:

State Immunity Act 1978 14(1)

Jurisdiction:

England and Wales

Citing:

At QBD – Regina v Central Criminal Court Ex Parte Propend Finance Pty Ltd and Others QBD 17-Mar-1994
A Home Secretary requesting warrants must be specific on the type he required. It was his duty, and not that of the police to state the method of seizure of documents for use in a foreign jurisdiction. A judge making an order should give reasons for . .

Cited by:

Cited – Jones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another CA 28-Oct-2004
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia.
Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials . .
Cited – Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

Administrative, International

Updated: 06 November 2022; Ref: scu.85060

Stevenage Borough Football Club Limited v Football League Limited: CA 6 Aug 1996

Unfair changes to the rules for the promotion of sports clubs between leagues could not be challenged retrospectively after the team in question had impliedly accepted the rules. An injunction granted may within a sporting league context have unfair consequences on others not party to the proceedings.

Judges:

Hobhouse, Millett, Swinton-Thomas LJJ

Citations:

Times 09-Aug-1996, [1996] EWCA Civ 569, [1996] EWCA Civ 570

Jurisdiction:

England and Wales

Citing:

Appeal from – Stevenage Borough Football Club Ltd v The Football League Ltd ChD 1-Aug-1996
The Football League is a body subject to judicial review, since it exercises its control over members in the public interest. . .

Cited by:

Cited – McKeown v British Horseracing Authority QBD 12-Mar-2010
The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority.
Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence. . .
Cited – Sankofa and Another v The Football Association Ltd ComC 12-Jan-2007
The claimant sought an injunction to order the defendant football association from preventing him playing on a football match. He had been sent off and was subject to an automatic additional one match ban. He sought to exercise a right under the . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 31 October 2022; Ref: scu.140436

S, Regina (on the Application of) v Secretary of State for Education: CA 15 Jul 1994

Citations:

[1995] ELR 71, [1994] EWCA Civ 37, [1995] 2 FCR 225, [1995] COD 48

Links:

Bailii

Statutes:

Education Act 1981 8

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Secretary of State for Education ex parte S QBD 21-Dec-1993
The Secretary of State is to disclose all advice on appeal against special needs assessment. . .

Cited by:

Cited – Eisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners) CA 1-May-2008
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made . .
Lists of cited by and citing cases may be incomplete.

Education, Administrative

Updated: 27 October 2022; Ref: scu.267531

Regina v Secretary of State for the Home Department ex parte Chahal: CA 27 Oct 1993

Chahal was a Sikh separatist leader who was refused asylum and whom the Secretary of State proposed to deport to India as a threat to national security here.
Held: The Home Secretary must balance the need to deport against against any threat to the deportee’s safety, but his decision was only to be challenged if it was irrational or perverse or unlawful. The court was entitled to look at the assessment made of the risks to the applicant should he be deported in order to determine whether the rejection of the asylum claim was Wednesbury unreasonable. Neill LJ concluded that ‘That the court has power to examine the grounds on which a deportation order is made even where the interests of national security are relied upon, though in practice the the court’s power of scrutiny may be limited.’

Judges:

Staughton LJ, Neill LJ

Citations:

Gazette 17-Dec-1993, Independent 10-Nov-1993, Times 27-Oct-1993, [1995] 1 All ER 658

Statutes:

Immigration Act 1971 3(5)(b)

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Secretary of State for the Home Department: ex parte Chahal QBD 5-Apr-1993
The Home Secretary need not consider any risk of torture as an issue separate from that of persecution, when considering making an order for deportation. . .

Cited by:

Appeal from – Chahal v The United Kingdom ECHR 15-Nov-1996
Proper Reply Opportunity Required on Deportation
(Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Manelfi Admn 25-Oct-1996
The applicant sought judicial review of the defendant’s refusal to employ him to work at GCHQ, which had a policy not to employ anyone with non-British parents save exceptionally. The claimant said this was racially discriminatory.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 26 October 2022; Ref: scu.87840

Regina v Law Society, ex parte Curtin: CA 3 Dec 1993

The Law Society can delegate certain of its functions to the holder of an office within the Society, without specifying him or her by name.

Citations:

Ind Summary 13-Dec-1993, Times 03-Dec-1993

Statutes:

Courts and Legal Services Act 1990 79

Jurisdiction:

England and Wales

Legal Professions, Administrative

Updated: 26 October 2022; Ref: scu.87134

Regina v Home Secretary and Criminal Injuries Compensation Board Ex Parte P and Another: CA 12 May 1994

The exclusion from claiming under the scheme, of victims within the same household, including sex abuse victims was not clearly unreasonable. The fact that the scheme was provided under the Crown prerogative did not exclude it from judicial review.

Citations:

Independent 12-May-1994, [1995] 1 WLR 845

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Criminal Injuries Compensation Board Ex Parte P QBD 29-Apr-1993
A claim under the scheme is to be understood as a privilege and rules excluding some claims not perverse. . .

Cited by:

Cited – In re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Administrative

Updated: 26 October 2022; Ref: scu.86876

Practice Direction (Crown Court: Welsh Language: CACD 30 Oct 1998

Detailed directions for use of Welsh in Crown Courts. Lawyers to notify Court if use of Welsh likely to be required in a hearing; confirming it at Pleas and directions Hearing. Court’s duty to find appropriate interpreter, and Welsh speaking judge.

Citations:

Times 30-Oct-1998

Jurisdiction:

England and Wales

Administrative, Wales

Updated: 25 October 2022; Ref: scu.84877

Regina v Registrar General for England and Wales Ex Parte P; Same v Same Ex Parte G: QBD 27 Mar 1996

Sexual identity is fixed at birth. It is not an error capable of being corrected by the Registrar. The Registrar has no power to alter birth register to change the sex as registered after gender re-assignment surgery.

Citations:

Times 27-Mar-1996, Independent 22-Feb-1996

Statutes:

Births and Deaths Registration Act 1953 1(1) 29(3)

Jurisdiction:

England and Wales

Administrative, Discrimination

Updated: 21 October 2022; Ref: scu.87619

Carter Commercial Developments v Bedford Borough Council: Admn 27 Jul 2001

The claimant brought proceedings in the Administrative Court by way of Part 8 claim seeking to establish by way of declaration that a planning appeal rejected by the Secretary of State in August 2000 as being out of time had in fact been commenced within time.
Held: The proceedings had been brought in that form simply in order to circumvent the time limit imposed by Part 54 of the Civil Procedure Rules and ought therefore to be struck out. It was an abuse of process to seek to decide an issue of public law by means of a private law action such as an application for a declaration.

Judges:

Jackson J

Citations:

[2001] EWHC (Admin) 669

Jurisdiction:

England and Wales

Cited by:

Cited – Stancliffe Stone Company Ltd v Peak District National Park Authority QBD 22-Jun-2004
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 11 October 2022; Ref: scu.228575

Hurley and Moore, Regina (on The Application of) v Secretary of State for Business Innovation and Skills: Admn 17 Feb 2012

The applicants, intending university students, challenged the decision to raise to andpound;9,000 per annum, the fees which might be charged by qualifying universities.
Elias LJ said: ‘Contrary to a submission advanced by Ms Mountfield, I do not accept that this means that it is for the court to determine whether appropriate weight has been given to the duty. Provided the court is satisfied that there has been a rigorous consideration of the duty, so that there is a proper appreciation of the potential impact of the decision on equality objectives and the desirability of promoting them, then . . it is for the decision maker to decide how much weight should be given to the various factors informing the decision.
The concept of ‘due regard’ requires the court to ensure that there has been a proper and conscientious focus on the statutory criteria, but if that is done, the court cannot interfere with the decision simply because it would have given greater weight to the equality implications of the decision than did the decision maker. In short, the decision maker must be clear precisely what the equality implications are when he puts them in the balance, and he must recognise the desirability of achieving them, but ultimately it is for him to decide what weight they should be given in the light of all relevant factors. If Ms Mountfield’s submissions on this point were correct, it would allow unelected judges to review on substantive merits grounds almost all aspects of public decision making.’
. . And ‘It is also alleged that the PSED in this case involves a duty of inquiry. The submission is that the combination of the principles in Secretary of State for Education and Science v Tameside Metropolitan Borough Council . . and the duty of due regard under the statute requires public authorities to be properly informed before taking a decision. If the relevant material is not available, there will be a duty to acquire it and this will frequently mean than some further consultation with appropriate groups is required. ‘

Judges:

Elias LJ, King J

Citations:

[2012] EWHC 201 (Admin)

Links:

Bailii

Statutes:

Higher Education (Basic Amount) Regulations 2010 (SI 2010/3021), Higher Education (Higher Amount) Regulations 2010 (SI 2010/3020), Higher Education Act 2004 24

Jurisdiction:

England and Wales

Citing:

Cited – Brown, Regina (on the Application of) v Secretary of State for Work and Pensions Admn 18-Dec-2008
Having ‘due regard’ is not Obligation to do
The claimant sought to challenge the decision to close her local post office on the basis that being retired and disabled and without a car in a rural area, the office was essential and the decision unsupportable. In particular she challenged the . .

Cited by:

Cited – Hotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
Cited – Jewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council Admn 28-Jun-2016
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also . .
Lists of cited by and citing cases may be incomplete.

Education, Administrative

Updated: 05 October 2022; Ref: scu.451389

Independent Safeguarding Authority v SB and Another: CA 18 Jul 2012

Appeal from Upper Tribunal decision as to removal of SB from the Children’s Barred List.

Judges:

Maurice Kay VP CA, Etheron LJJ, Sir Scott Baker

Citations:

[2012] EWCA Civ 977, [2013] AACR 24, [2012] WLR (D) 215, [2013] 1 WLR 308

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Employment

Updated: 15 September 2022; Ref: scu.462948

H and L v A City Council: CA 14 Apr 2011

The court was asked when and how it is proper for a local authority to make disclosure to someone’s commercial contacts of the fact that he is a convicted sex offender.
Held: Where human rights are involved, the appropriate standard of review which the court must adopt is not the Wednesbury test of irrationality but the more intense Daly standard.

Citations:

[2011] EWCA Civ 403

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – E and Others, Regina (on The Application of) v The Director of Public Prosecutions Admn 10-Jun-2011
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. . .
Lists of cited by and citing cases may be incomplete.

Local Government, Human Rights, Administrative

Updated: 06 September 2022; Ref: scu.432813

Forge Care Homes Ltd and Others v Cardiff and Vale University Health Board and Others: CA 2 Feb 2016

The Health Trusts appealed against the quashing at first instance of the rates they were to pay for nursing care to certain residents in care homes. The Health Boards conceded, as they had done below, that they had been wrong to exclude the nurses’ stand-by time (part of (d) in para 6 above) from their calculations.
Held: Subject to that concession, the appeal succeeded. The Judge’s construction gave insufficient weight to the excepting words at the end of section 49(2). These clearly distinguished between different services provided by a nurse at a care home. It did not follow from the fact that a nurse needed to be on call at all times that everything she did while on duty was a service which needed to be provided by a registered nurse. Whether what she did fell within the definition was a factual rather than a legal question.

Judges:

Laws, Elias, Lloyd Jones LJJ

Citations:

[2016] EWCA Civ 26, [2016] PTSR 908, [2016] WLR(D) 63, [2016] PTSR 1202

Links:

Bailii, WLRD

Statutes:

Health and Social Care Act 2001 49, Care Homes (Wales) Regulations 2002 18(3)

Jurisdiction:

Wales

Citing:

Appeal from – Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others Admn 11-Mar-2014
The claimant care home sought judicial review of decisions setting the rates for funded nursing care. The care homes’ challenge was on the basis that too restrictive an interpretation of ‘nursing care by a registered nurse’ had been adopted.

Cited by:

At CA – Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others SC 2-Aug-2017
The court was asked who is legally responsible for paying for the work done by registered nurses in social rather than health care settings. Is the National Health Service responsible for all the work they do or are the social care funders . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Administrative

Updated: 04 September 2022; Ref: scu.559516

Caixa Geral De Depositos v Commission: ECFI 3 Mar 2011

ECFI (Economic And Social Cohesion) ERDF – Reduction of financial assistance – Block Grant aid to local investment in Portugal – Action for annulment – Direct – Inadmissibility – Arbitration clause.

Citations:

T-401/07, [2011] EUECJ T-401/07

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 03 September 2022; Ref: scu.430329

Atec Associates Ltd v HMRC: UTTC 27 May 2010

UTTC Procedure – Transfer of functions of VAT Tribunal to First-tier Tribunal. Procedure – Discretion to apply 1986 Rules in place of 2009 Rules-whether to apply Rule 26(4) of 1986 Rules. Procedure – Application to set aside dismissal of VAT appeals after failure of prior application not attended by the applicant.

Citations:

[2010] UKUT 176 (TCC), [2010] STI 1755, [2010] STC 1882, [2010] BVC 1526

Links:

Bailii

Jurisdiction:

England and Wales

VAT, Administrative

Updated: 01 September 2022; Ref: scu.428154

Suppiah and Others, Regina (on The Application of) v Secretary of State for The Home Department: Admn 11 Jan 2011

Wyn Williams J said: ‘a policy which is in principle capable of being implemented lawfully but which nonetheless gives rise to an unacceptable risk of unlawful decision-making is itself an unlawful policy.’

Judges:

Wyn Williams J

Citations:

[2011] EWHC 2 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – E and Others, Regina (on The Application of) v The Director of Public Prosecutions Admn 10-Jun-2011
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 31 August 2022; Ref: scu.427932

Trail Riders’ Fellowship and Another, Regina (on The Application of) v Dorset County Council: Admn 2 Oct 2012

The claimants challenged rejection of five applications under section 5 of the 1981 Act for modification orders allowing the upgrade of routes to provide vehicular public rights of way. The applications had been submitted using digital mapping. The Council said that the maps did not accord with the legislation.
Held: The application failed: ‘there was no strict compliance with the requirements of paragraph 1 of Schedule 14 to the 1981 Act. The maps which accompanied the applications were not drawn to a scale of no less than 1:25,000.’ Moreover, the departures were not such as to fall within a de minimis principle: ‘a map to a scale of 1:50,000 is very different from a map to a scale of 1:25,000, in particular, in terms of the detail relevant to the routes of the claimed ways and their impact relative to surrounding features.’

Judges:

Supperstone J

Citations:

[2012] EWHC 2634 (Admin), [2013] PTSR 302

Links:

Bailii

Statutes:

Wildlife and Countryside Act 1981 53(5), Natural Environment and Rural Communities Act 2006, Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993, Highways Act 1980 130

Jurisdiction:

England and Wales

Citing:

Cited – Winchester College and Another, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs CA 29-Apr-2008
The college appealed against modifications of definitive map to upgrade two footpaths to byways open to all traffic. The college was circled by footpaths which it wished to protect when the council constructed a new bypass.
Held: The College’s . .
Cited – Maroudas v Secretary of State for Environment Food and Rural Affairs CA 18-Mar-2010
The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required.
Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly . .

Cited by:

Appeal from – Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council and Others CA 20-May-2013
The Fellowship had applied for orders upgrading public rights of way. The council rejected the applications saying that the digital mapping software used to repare the maps submitted were not compliant with the requirements of the legislation. They . .
At first Instance – Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council SC 18-Mar-2015
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive.
Held: The Council’s appeal failed. The plan was too . .
Lists of cited by and citing cases may be incomplete.

Land, Administrative

Updated: 27 August 2022; Ref: scu.464625

Sayn-Wittgenstein C-208/09: ECJ 14 Oct 2010

ECJ European citizenship – Freedom to move and reside within the Member States – Refusal by a Member State having abolished the nobility to register one of its nationals under a surname, acquired in another Member State, containing a title of nobility.
ECJ European citizenship – Freedom to move and reside within the Member States – Refusal by a Member State having abolished the nobility to register one of its nationals under a surname, acquired in another Member State, containing a title of nobility.

Citations:

C-208/09, [2010] EUECJ C-208/09, [2010] EUECJ C-208/09

Links:

Bailii, Bailii

Jurisdiction:

European

Administrative

Updated: 25 August 2022; Ref: scu.425295

Adams, Regina (on The Application of) v Secretary of State for Justice: Admn 4 Feb 2009

Claim for Judicial Review of a decision of the Secretary of State for Justice that the Claimant was not entitled to compensation for a miscarriage of justice, under s.133(1) of the Criminal Justice Act 1988.

Citations:

[2009] EWHC 156 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 21 August 2022; Ref: scu.420985

Coleen Properties Ltd v Minister of Housing and Local Government: CA 26 Jan 1971

The Minister confirmed a compulsory purchase order despite it having been made without any supporting evidence.
Held: The order was set aside. The Minister had erred in not following his Inspector’s conclusion that a compulsory purchase order was not ‘reasonably necessary’ under section 43(2) of the 1957 Act, when there was no material on which he could properly reach a different conclusion.
Lord Denning MR said: ‘I know that on matters of planning policy the Minister can overrule the Inspector, and need not send it back to him, as happened in Lord Luke of Pavenham v Minister of Housing and Local Government. But the question of what is ‘reasonably necessary’ is not planning policy. It is an inference of fact on which the Minister should not overrule the Inspector’s recommendation unless there is material sufficient for the purpose. There was none here.’
Sachs LJ said that whereas the Inspector ‘may well be looked on as an expert for the purpose of forming an opinion of fact, the Minister is in a different position . . no Minister can personally be an expert on all matters of professional opinion with which his officers deal with from day to day.’

Judges:

Lord Denning MR, Sachs LJ, Buckley LJ

Citations:

[1971] 1 All ER 1049, (1971) 1 WLR 433, [1971] EWCA Civ 11

Links:

Bailii

Statutes:

Housing Act 1957 43(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Chant v Secretary of State for Transport, Local Government and the Regions and another Admn 1-Jul-2002
The applicant challenged an order requiring him to discontinue use of land on which were listed buildings in need of repair. The authority had concluded that compulsory purchase would not be sufficient to achieve the result required. The land owner . .
Cited – Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government and Another Admn 5-Dec-2014
The claimant appealed against refusal of permission to erect a six turbine wind farm. The inspector had recommended the plan, but the defendant had decided against it.
Held: The claim failed. The planning inspector’s report is the . .
Lists of cited by and citing cases may be incomplete.

Land, Administrative, Housing

Updated: 20 August 2022; Ref: scu.181252

Commission v Greece (Law Relating To Undertakings): ECJ 12 Nov 2009

ECJ Failure of a Member State to fulfil obligations – Public procurement -Directive 93/38/EEC Contract notice – Consultancy project – Criteria for automatic exclusion – Qualitative selection and award criteria.

Citations:

C-199/07, [2009] EUECJ C-199/07

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Commission v Greece (Law Relating To Undertakings) ECJ 9-Jul-2009
Europa Treaty infringement proceedings – Public procurement – Procedures of entities operating in the water, energy, transport and telecommunications sectors – Criteria for the exclusion of candidates. . .

Cited by:

Cited – Azam and Co v Legal Services Commission ChD 5-May-2010
The claimant solicitors had failed to submit their tender for a new contract in time. The respondent refused to accept the late submission. The claimant said that the respondent had not directly notified it of the deadline and so failed to meet its . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 18 August 2022; Ref: scu.415259

Badger Trust, Regina (on The Application of) v The Welsh Ministers: Admn 16 Apr 2010

The Claimant, the Badger Trust, seeks to challenge the decision of the Minister for Rural Affairs pursuant to the Animal Health Act 1981 to make the Tuberculosis Eradication (Wales) Order 2009

Citations:

[2010] EWHC 768 (Admin), [2010] NPC 45

Links:

Bailii

Statutes:

Animal Health Act 1981, Tuberculosis Eradication (Wales) Order 2009

Jurisdiction:

Wales

Animals, Administrative

Updated: 17 August 2022; Ref: scu.408636

Kang, Regina (on The Application of) v Children and Family Court Advisory and Support Service (CAFCASS): CA 22 Feb 2010

Application for leave to appeal against refusal of leave to bring judicial review of action of an officer of CAFCASS in a case, and in particular the handling of a complaint against the officer.

Judges:

Waller, Wilson LJJ

Citations:

[2010] EWCA Civ 317

Links:

Bailii

Jurisdiction:

England and Wales

Judicial Review, Administrative

Updated: 17 August 2022; Ref: scu.407763

Maroudas v Secretary of State for Environment Food and Rural Affairs: CA 18 Mar 2010

The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required.
Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly comply with para 1 of Schedule 14 . . But that does not mean that a valid application must be contained in a single document, namely the prescribed form . . Minor departures from the requirements of para 1 do not invalidate an application. In my judgment, there are circumstances in which a valid application may be contained in the application form when read with another document.’ The lack of a date and signature in an application form can in principle be cured by a dated and signed letter sent shortly after the submission of the form, where the omissions are pointed out and the Council is asked to treat the application as bearing the date of the letter and the signature of the author of the letter. However, even making de minimis allowances, the application was not compliant.

Judges:

Dyson, Richards, Jackson LJJ

Citations:

[2010] EWCA Civ 280

Links:

Bailii

Statutes:

Wildlife and Countryside Act 1981 53, Natural Environment and Rural Communities Act 2006 67(1)

Jurisdiction:

England and Wales

Citing:

Cited – DA Botany Bay City Council v Remath Investments 15-Dec-2000
(Supreme Court of New South Wales – Court of Appeal) A statute provided that ‘A development application shall . . (b) be made in the prescribed form and manner; . . and (d) . . be accompanied by an environmental impact statement in the prescribed . .
Cited – Winchester College and Another, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs CA 29-Apr-2008
The college appealed against modifications of definitive map to upgrade two footpaths to byways open to all traffic. The college was circled by footpaths which it wished to protect when the council constructed a new bypass.
Held: The College’s . .
Appeal from – Maroudas v Secretary of State for Environment, Food and Rural Affairs and Another Admn 9-Mar-2009
Application was to quash the decision of the Secretary of State, made by an inspector in May 2008 following a hearing, to confirm a modification order made in response to an application originally made under section 53(5). It had had several . .

Cited by:

Cited – Fortune and Others v Wiltshire Council and Another CA 20-Mar-2012
The court considered the contnuation of public rights of way against the new system of the ending of certain unrecorded rights.
Held: he appeal failed. ‘As a matter of plain language, section 67(2)(b) does not, in our judgment, require the . .
Cited – Trail Riders’ Fellowship and Another, Regina (on The Application of) v Dorset County Council Admn 2-Oct-2012
The claimants challenged rejection of five applications under section 5 of the 1981 Act for modification orders allowing the upgrade of routes to provide vehicular public rights of way. The applications had been submitted using digital mapping. The . .
Cited – Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council SC 18-Mar-2015
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive.
Held: The Council’s appeal failed. The plan was too . .
Lists of cited by and citing cases may be incomplete.

Land, Administrative

Updated: 15 August 2022; Ref: scu.403355

Club Hotel Loutraki and Others: ECJ 29 Oct 2009

ECJ (Law Relating To Undertakings) Opinion – Public contracts – Contract for the sale of shares and a service component – Classification Procedure for the award of public contracts – National legislation prohibiting individual actions by one of the members of a public service temporary association without legal personality – Revival of jurisprudence.

Judges:

Sharpston AG

Citations:

C-145/08, [2009] EUECJ C-145/08 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Club Hotel Loutraki and Others ECJ 6-May-2010
Directive 92/50/EEC Public service contracts Service concessions Mixed contract – Contract including the transfer of a block of shares in a public casino business – Contract under which the contracting authority entrusts to the contracting . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 05 August 2022; Ref: scu.380280

Energysolutions EU Ltd v Nuclear Decommissioning Authority: CA 15 Dec 2015

The claimant had tendered for a part in a major nuclear decommissioning project.

Judges:

Lord Dyson MR, Tomlinson, Vos LJJ

Citations:

[2015] EWCA Civ 1262, [2015] WLR (D) 528, 163 Con LR 27, [2016] PTSR 689

Links:

Bailii, WLRD

Statutes:

Public Contracts Regulations 2006

Jurisdiction:

England and Wales

Citing:

Appeal from – Energy Solutions EU Ltd v Nuclear Decommissioning Authority TCC 23-Jan-2014
This litigation concerns the procurement process for a contract in relation to the decommissioning of nuclear installations. The Claimant is a company which provides integrated waste management and decommissioning services for the nuclear industry. . .

Cited by:

Appeal from – Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd) SC 11-Apr-2017
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council . .
Lists of cited by and citing cases may be incomplete.

Administrative, Damages, European

Updated: 26 July 2022; Ref: scu.557082

Maroudas v Secretary of State for Environment, Food and Rural Affairs and Another: Admn 9 Mar 2009

Application was to quash the decision of the Secretary of State, made by an inspector in May 2008 following a hearing, to confirm a modification order made in response to an application originally made under section 53(5). It had had several failings, but these had been addressed by the authority.
Held: Mackie QC upheld the inspector’s decision to treat the application as validly made by the relevant date. As he observed, there had been nothing ‘opportunistic’ about the application, made long before any hint of the proposals which led in due course to the 2006 legislation. Although he was bound by the Winchester decision, and he accepted that the defects in the original application could not be treated as ‘minor’, he was entitled to look ‘at the substance of the matter’, which was that: ‘by the time the letter of 22 April 1997 was written it was perfectly clear what the application related to. There was a map, as one sees from ‘enclosed is a summary plan of the application’ in the letter of 25 March 1997, and a signature and a date. No one would, or could, have been misled about what happened after that. Mr Maroudas rightly had to accept that he would have no grounds at all for his application if, instead of the exchange of letters, the council had gone through the bureaucratic, or some would say necessary, step of returning the form to [the applicant] to sign and amend, rather than resolving the matter on an exchange of correspondence. That seems to me to move proper strictness into unnecessary bureaucracy . . .’

Judges:

Mackie QC HHJ

Citations:

[2009] EWHC 628 (Admin)

Links:

Bailii

Cited by:

Appeal from – Maroudas v Secretary of State for Environment Food and Rural Affairs CA 18-Mar-2010
The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required.
Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly . .
Cited – Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council SC 18-Mar-2015
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive.
Held: The Council’s appeal failed. The plan was too . .
Lists of cited by and citing cases may be incomplete.

Land, Administrative

Updated: 24 July 2022; Ref: scu.330989

Meany and Others, Regina (On the Application of) v Harlow District Council: Admn 9 Mar 2009

Challenge to process used for advertising an invitation to tender for its welfare rights and advice services within the district.
Held: Davis J said that the: ‘general regard to issues of equality is not the same as having specific regard, by way of conscious approach to the statutory criteria.’

Judges:

Davis J

Citations:

[2009] EWHC 559 (Admin)

Links:

Bailii

Cited by:

Cited – Jewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council Admn 28-Jun-2016
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also . .
Approved – Bailey and Others, Regina (on The Application of) v London Borough of Brent Council and Others CA 19-Dec-2011
Appeal against failure of challenge to decision to close public libraries. . .
Lists of cited by and citing cases may be incomplete.

Administrative.

Updated: 24 July 2022; Ref: scu.329567

Commission v Germany – C-480/06: ECJ 19 Feb 2009

ECJ (Law Relating To Undertakings) – Opinion – Public service contracts Scope of Directive 92/50/EEC Procedure for the award of public service contracts Technical reasons

Judges:

Mazak AG

Citations:

C-480/06, [2009] EUECJ C-480/06 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Commission v Germany – C-480/06 ECJ 9-Jun-2009
Failure by a Member State to fulfil its obligations – Admissibility – Legal interest in bringing proceedings – Directive 92/50/EEC – Procedures for the award of public service contracts – Negotiated procedure without prior publication of a contract . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 23 July 2022; Ref: scu.311998

Regina v Institute of Chartered Accounts and Others, Ex Parte Brindle and Others: CA 12 Jan 1994

The Bank’s liquidator action was to be concluded before a disciplinary enquiry, and the enquiry should be stayed accordingly.

Citations:

Times 12-Jan-1994, [1994] BCC 297

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Chance, ex parte Smith QBD 1995
The applicant sought to delay disciplinary proceedings by the accountancy body pending the outcome of civil litigation over a related matter.
Held: ‘ . . as Parliament has entrusted the initial valuation of the case against the applicants to . .
Cited – Land and others v the Executive Counsel of the Joint Disciplinary Scheme QBD 15-Oct-2002
The applicants were partners and staff in Ernst and Young. They sought a stay of disciplinary proceedings brought against them by the accountancy regulators pending resolution of the civil claim against them in respect of closely related issues . .
Cited – Regina v Executive Counsel of the JDS, ex parte Hipps ChD 1996
The court considered the law as to whether disciplinary procedings should be stayed pending the outcome of civil proceedings.
Held: The court was not reviewing the decision not to adjourn the proceedings, but exercising an original . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Administrative

Updated: 23 July 2022; Ref: scu.86952

Regina v Inland Revenue Commissioners Ex Parte Unilever Plc and Others: QBD 12 Sep 1994

The Inland Revenue is to notify taxpayer of a change in acquiescence in practice to late payment.

Citations:

Ind Summary 12-Sep-1994

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Commissioners of Inland Revenue, ex parte Unilever plc CA 1996
The Revenue had refused to exercise a discretion in favour of the taxpayer in the same form it had granted for over twenty years. The taxpayer complained that this was unfair.
Held: The new approach to late applications, brought in without any . .
Lists of cited by and citing cases may be incomplete.

Corporation Tax, Administrative

Updated: 23 July 2022; Ref: scu.86940

Regina v Medicines Control Agency Ex Parte Pharma Nord Ltd: QBD 11 Jul 1997

A Court reviewing a decision of the Medicines Control Agency does not decide whether the product is a medicine, but whether the decision had been properly reached.

Judges:

Collins J

Citations:

Times 29-Jul-1997, [1997] EWHC Admin 674

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Medicines Control Agency ex parte Pharma Nord Ltd CA 10-Jun-1998
Once the Medicines Control Agency has decided that a product is a medicinal product and licensable as such, the courts should not seek to substitute their own judgment. Residuary discretion for declaration not used. . .
Lists of cited by and citing cases may be incomplete.

Health, Licensing, Administrative

Updated: 21 July 2022; Ref: scu.87315

Regina v Manchester Crown Court, ex parte McCann and others: QBD 22 Nov 2000

An application for an anti-social behaviour order against an individual was a civil, not a criminal proceeding. The standard of evidence required was on the balance of probability; the civil standard. Such proceedings were not subject to the additional protection of the human rights convention. Necessarily, the circumstances from which protection was sought were ones where proof will not be easily found. There is no overriding test within domestic law for deciding whether proceedings are civil or criminal. The procedure here was one generally used for civil proceedings, and no punishment was properly involved at this stage. At most there would be a restriction on activities of those subject to the order. Lord Woolf said: ‘The significance of whether the proceedings are civil or criminal arises because of the difficulty that exists in relation to the proof of the sort of conduct against which section 1 is designed to provide protection. Understandably, in a locality those who are subject to anti-social behaviour are chary about giving evidence in criminal proceedings. It is in particular because of those difficulties that, after a consultation process, the legislation which is contained in Part 1 of the 1998 Act was passed. The object of making the proof of conduct which is anti-social more easy to prove would be defeated if in fact the proceedings were criminal. Then the normal rules of evidence which apply to criminal proceedings would have to be complied with and furthermore the proceedings would be subject to the additional protection provided by Article 6 of the European Convention in relation to criminal proceedings.’

Judges:

Lord Woolf

Citations:

Gazette 11-Jan-2001, Times 22-Dec-2000, [2002] 3 WLR 1313, [2000] EWHC 565 (QB)

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 1, European Convention on Human Rights 5.1

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Manchester Crown Court ex parte Rogers (Legal Professional Privilege) Admn 2-Feb-1999
The police had sought disclosure from the applicant’s solicitors of records of the time at which the applicant arrived at the solicitors’ premises on a particular date and like documents.
Held: Such records are not privileged because they did . .

Cited by:

Appeal from – Regina (McCann and Others) v Manchester Crown Court CA 9-Mar-2001
Proceedings applying for an anti-social behaviour order, were properly civil proceedings, with civil standards of evidence, and the Human Rights Act provisions relating to criminal proceedings, were not applicable either. The section included acts . .
Cited – Regina (Smith) v Parole Board (No 2) CA 31-Jul-2003
The applicant having been released on licence had his licence revoked. The decision had been made at a hearing which considered evidence on paper only, which he said was unfair.
Held: The case law had maintained a proper distinction between . .
At First Instance – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
Lists of cited by and citing cases may be incomplete.

Crime, Administrative, Human Rights

Updated: 21 July 2022; Ref: scu.87261

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs,: Admn 22 Oct 2008

The claimant was held by the US. He claimed he had been tortured by them, and sought release of dicuments which allow him to present his case. The respondent sought to prevent disclosure using Public Interest Immunity (PII) certificates.
Held: The claimant had been taken unlawfully. The documents were essential to him in defending himself before the US convening commission. There was no good reason why the documents were not made available to the claimant by the US. The US now produced statements made by the defendant after being held for two years incommunicado by them and produced only after alleged torture. The senior US prosecutor had resigned because he had not been allowed to disclose exculpatory material, including sleep deprivation treatment. The US had then discharged all charges against the claimant. There remained however serious allegations of misconduct against a friendly power. The matter should be adjourned pending a further hearing. Despite promises that only certain information would be redacted, heavy unexplained redactions remained.

Judges:

Thomas LJ, Lloyd Jones J

Citations:

[2008] EWHC 2519 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) Admn 29-Aug-2008
The claimant sought release of documents so that he could defend himself in a tribunal in the US. He said the documents would support his assertion that he had been subject to extraordinary rendition and had ‘disappeared’ for two years. Redactions . .
Cited – Rustenberg Platinum Mines v Pan American Airways 1977
A party should be given advance notice of an intention to make serious allegations of wilful misconduct. . .

Cited by:

See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 5) Admn 16-Oct-2009
The claimant sought to assert that he had been tortured whilst held by the US Authorities. He sought publication of an unredacted report supplied by the US security services to the respondent. The respondent argued that the full publication was . .
See Also – Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs (60 Admn 19-Nov-2009
The respondent had over time refused to allow publication of parts of a document disclosed to him by US security services. The court had previously delivered redacted judgments, and now asked whether and to what extent the redacted parts should be . .
See Also – Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 10-Feb-2010
The claimant had sought discovery and publication of materials supplied to the defendant by US security services which, he said, would support his allegations that he had been tortured by the US and that this had been known to the defendant.
See Also – Binyan Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 26-Feb-2010
The claimant had sought public disclosure of documents supplied to the defendant by US security services which might support his claim that he had been tortured by the US, and that the defendant knew of it. The draft judgment was to be handed down . .
Lists of cited by and citing cases may be incomplete.

Administrative, Criminal Practice, Torts – Other

Updated: 19 July 2022; Ref: scu.277295

Edwards, Regina (on the Application of) v Criminal Cases Review Commission: Admn 13 Oct 2008

The claimant sought judicial review of the decision of the defendant not to refer his case to the court. He argued that he should have been allowed to present a defence of entrapment.

Judges:

Pill LJ, King J

Citations:

[2008] EWHC 2389 (Admin)

Links:

Bailii

Statutes:

Criminal Appeal Act 1995

Jurisdiction:

England and Wales

Administrative, Crime

Updated: 19 July 2022; Ref: scu.277012

Bracking and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Another: Admn 24 Apr 2013

‘The claimants are all severely disabled people who are current users of the Independent Living Fund (ILF). They seek judicial review of two decisions of the defendant Secretary of State. The first is the consultation engaged in between July and October 2012 as to the impact of the proposed closure of the ILF and the second is the decision made in December 2012 to close the fund.’
Held: The request for judicial review was dismissedm

Judges:

Blake J

Citations:

[2013] EWHC 897 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Bracking and Others v Secretary of State for Work and Pensions CA 6-Nov-2013
Application for permission to appeal against refusal of leave to bring judicial review of decision by the respondent to close the Independent Living Fund.
Held: McCombe LJ summarised the application of section 149 of the 2010 Act: ‘1 . . . .
Lists of cited by and citing cases may be incomplete.

Administrative, Discrimination, Benefits

Updated: 19 July 2022; Ref: scu.472949

Riley, Regina (on the Application of) v Criminal Injuries Compensation Appeal Panel: Admn 16 Jul 2008

The claimant sought judicial review of the decision of an appeal panel of the respondent board to proceed with hearing his appeal in his absence.
Held: Not all the reasons given by the tribunal were convincing, and ‘In my judgment, the claimant did have a reasonable excuse for his non-attendance and he should have been granted a postponement. I cannot say that if he had been granted a hearing there is no real chance that that would have made a difference to the outcome. ‘

Judges:

James Goudie QC

Citations:

[2008] EWHC 1954 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 19 July 2022; Ref: scu.272817

Mt, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 25 Jul 2008

The court asked two questions: It is trite law that public authorities must take into account relevant considerations but when does a public authority have a duty to be proactive in acquiring knowledge of those relevant considerations? Secondly, as to the responsibility of a public authority when third parties perform statutory functions, acting under a contract or sub-contract with the public authority. If the third party is an agent of the public authority, in what circumstances is the public authority liable for its failings?

Judges:

Cranston J

Citations:

[2008] EWHC 1788 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Immigration

Updated: 18 July 2022; Ref: scu.271104

Asociacion Profesional De Empresas De Reparto Y Manipulado De Correspondencia v Administracion General del Estado: ECJ 18 Dec 2007

ECJ (Freedom To Provide Services) – Public procurement Liberalisation of postal services Directives 92/50/EEC and 97/67/EC’ Articles 43 EC, 49 EC and 86 EC National legislation allowing public authorities to conclude agreements for the provision of both reserved and non-reserved postal services with a publicly owned company, namely the provider of universal postal service in the Member State concerned, without regard to the rules governing the award of public service contracts.

Citations:

[2007] ECR I-12175, [2007] EUECJ C-220/06

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .
Lists of cited by and citing cases may be incomplete.

Commercial, Administrative

Updated: 12 July 2022; Ref: scu.262902

Poole and others v HM Treasury: CA 24 Oct 2007

The claimants had suffered losses as names in the crash of the Lloyd’s Insurance market. They now sought damages saying that the defendant as regulator of the market, had failed to protect them.

Citations:

[2007] EWCA Civ 1021

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Insurance, Negligence

Updated: 12 July 2022; Ref: scu.260037

Poole and others v Her Majesty’s Treasury (Appendices): ComC 8 Nov 2006

Citations:

[2006] EWHC 2731 – 2 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appendices – Poole and others v Her Majesty’s Treasury ComC 8-Nov-2006
Names at Lloyds sought damages saying that the government’s failure to implement the Directive had caused them losses.
Held: The claim failed. The claimants did not themselves have a right to require a member state to take up and implement the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Administrative, European

Updated: 08 July 2022; Ref: scu.245916

Poole and others v Her Majesty’s Treasury: ComC 8 Nov 2006

Names at Lloyds sought damages saying that the government’s failure to implement the Directive had caused them losses.
Held: The claim failed. The claimants did not themselves have a right to require a member state to take up and implement the directive. That role was for the European Community. The claimants were not those intended to benefit from the Directive, and the claims were statute barred in any event.

Judges:

Langley J

Citations:

Times 01-Dec-2006, [2006] EWHC 2731 (Comm)

Links:

Bailii

Statutes:

Council Directive 73/239/EEC of July 24, 1973, on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance

Jurisdiction:

England and Wales

Citing:

Appendices – Poole and others v Her Majesty’s Treasury (Appendices) ComC 8-Nov-2006
. .
Lists of cited by and citing cases may be incomplete.

Insurance, Administrative, European

Updated: 08 July 2022; Ref: scu.245917

Dr D, Regina (on the Application of) v Secretary of State for Health: CA 19 Jul 2006

The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the professional conduct committee of the GMC.
Held: There had been very poor administration of the issue of the letter, but the failures did not assist the claimant. The core submission was that the charge having been dismissed by the committee, it was unlawful to issue the letter on the same basis: ‘the more serious a public authority’s interference with an individual’s interests, the more substantial will be the justification which the court will require if the interference is to be permitted. ‘ There was in this case a pressing need to inform the employer that 6 women had separately made accusations against the doctor, even though no convictions had followed.

Judges:

Ward LJ, Laws LJ, Longmore LJ

Citations:

Times 28-Aug-2006, [2006] EWCA Civ 989

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
Cited – Regina (X) v Chief Constable of West Midlands Police CA 30-Jul-2004
The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social . .
Appeal from – Dr D v The Secretary of State for Health Admn 13-Dec-2005
There had been a series of unsubstantiated allegations against the doctor of sexual abuse of patients. He challenge the issue of an Alert Letter under the 1977 Act when further allegations were made. The complainants were not capable of giving . .
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Cited – In Re V (Minors) (Sexual Abuse: Disclosure); In Re L (Sexual Abuse; Disclosure) CA 8-Oct-1998
In each case the local authority involved in care proceedings sought to disclose to others (another authority and the football league), information which had come to light regarding sexual improprieties of the parties to the cases. It was . .
Cited – Mullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
Cited – Regina v Local Authority and Police Authority in the Midlands ex parte LM 2000
The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an . .
Cited – Hammern v Norway ECHR 11-Feb-2003
The claimant was acquitted by a jury at trial and he then sought compensation for the period of his detention on remand. The test applied was whether ‘it is shown to be probable that he did not perform the act that formed the basis for the charge’. . .
Cited – Regina v Z (Prior acquittal) HL 22-Jun-2000
The defendant on a charge of rape had been tried and acquitted of the rape of different women on three previous occasions in three separate trials. The prosecution wished to call those three complainants to give similar fact evidence in support of . .
Cited – PG and JH v The United Kingdom ECHR 25-Sep-2001
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to . .
Cited – Regina (A) v Chief Constable of C QBD 2001
The court considered the disclosure of unproved allegations as between police forces. Police authorities had disclosed information concerning the claimant to each other and in one case to a local authority. The information related to allegations of . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Human Rights, Administrative

Updated: 07 July 2022; Ref: scu.243321

Feakins and Another v Department for Environment, Food and Rural Affairs: CA 8 Jun 2006

The claimants sought to re-open their appeal saying that the respondent department had failed properly to describe the workings of the clawback scheme under which its claim had been made.
Held: A DEFRA official had provided materially incorrect information to the court in a witness statement. The judgment should be set aside.

Judges:

Mr Justice Moses Lord Justice Dyson Lady Justice Smith

Citations:

[2006] EWCA Civ 699

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Feakins v Secretary of State for Environment, Food and Rural Affairs Admn 20-Dec-2002
. .
Now set aside – Regina on the Application of Feakins v Secretary of State for Environment, Food and Rural Affairs CA 4-Nov-2003
The applicant farmer had substantial volumes of potentially contaminated carcasses on his land. The respondent derogated from the European regulations which would have arranged for the disposal of the carcasses. The respondent challenged the . .
See Also – Department of the Environment, Food and Rural Affairs v Feakins and Another CA 6-Apr-2006
. .

Cited by:

Cited – Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) SC 29-Jun-2016
Undisclosed Matter inadequate to revisit decision
The claimant sought to have set aside a decision of the House of Lords as to the validity of the 2004 Order, saying that it had been based on a failure by the defendant properly to disclose matters it was under a duty of candour to disclose.
Lists of cited by and citing cases may be incomplete.

Agriculture, Administrative

Updated: 06 July 2022; Ref: scu.242360

Goel v Pick: ChD 12 Apr 2006

The bankrupt had been entitled to a valuable vehicle registration mark ‘AMR 1T’. He sold it to a creditor, the claimant to clear that debt. The trustee now said that the purported assignment was ineffective.
Held: ‘VRMs are assigned to vehicles, not to registered owners or other individuals. The Secretary of State has power to assign or re-assign a VRM under Section 23(2) but a vehicle owner cannot require him to do so. The only relevant right which a vehicle owner has in relation to the transfer of a VRM from one vehicle to another is to seek the exercise in his favour of the Secretary of State’s power under Section 26. ‘ The right was not a chose in action capable of assignment. Had he been entitled to the VRM, any assignment would have been an unlawful preference.

Judges:

Sir Francis Ferris

Citations:

[2006] EWHC 833 (Ch), Times 28-Jun-2006

Links:

Bailii

Statutes:

Vehicle Excise and Registration Act 1994 23 26, Insolvency Act 1986 340(3)

Jurisdiction:

England and Wales

Citing:

Distinguished – In re Fry ChD 1946
A settlor executed a transfer of shares but failed to obtain the consent of the Treasury under the Regulations. The transferees argued that the testator had executed documents which were appropriate to the subject matter of the gift, namely the . .
Lists of cited by and citing cases may be incomplete.

Administrative, Insolvency, Road Traffic

Updated: 05 July 2022; Ref: scu.240438

Rogers, Regina (on the Application of) v Swindon NHS Primary Care Trust: CA 12 Apr 2006

The claimant challenged the policy of her local health authority not to allow prescription to her of the drug Herceptin.
Held: The policy had not been settled upon lawfully and was to be set aside. On the one hand the PCT developed a policy which treated financial considerations as irrelevant, but at the same time its policy is to refuse funding save where exceptional personal or clinical circumstances can be shown. There was no evidence that one woman in a group who might benefit might have a greater clinical need than another, and ‘there is no rational basis for distinguishing between patients within the eligible group on the basis of exceptional clinical circumstances any more than on the basis of personal, let alone social, circumstances.’ Where fundamental rights are involved the court must subject the decision to rigorous scrutiny.
The court interpreted the decision in North West Lancashire: ‘a policy of withholding assistance save in unstated exceptional circumstances . . will be rational in the legal sense provided that it is possible to envisage and the decision-maker does envisage, what such exceptional circumstances might be. If it is not possible to envisage any such circumstances then the policy will be in practice a complete refusal of assistance: and irrational as such because it is sought to be justified not as a complete refusal but as a policy of exceptionality.’

Judges:

Lord Justice Buxton, Lord Justice Brooke, Sir Anthony Clarke MR

Citations:

[2006] EWCA Civ 392, [2006] 1 WLR 2649

Links:

Bailii

Statutes:

National Health Act 1977 16A, National Health Service (Functions of Strategic Health Authorities and Primary Care Trust etc) Regulations 2002

Jurisdiction:

England and Wales

Citing:

Cited – In Re Findlay, in re Hogben HL 1985
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person . .
Interpreted – North West Lancashire Health Authority v A D and G CA 29-Jul-1999
A decision not to fund gender re-assignment surgery was operated as a blanket policy without proper regard for individual cases and so was unlawful as an effective fetter on the discretion which the Health Authority was obliged to exercise. A lawful . .
Cited – Regina v Warwickshire County Council, Ex parte Collymore 1995
The court questioned the over rigid application of a policy in a decision by the respondent. . .
Cited – Regina v North Derbyshire Health Authority ex parte Kenneth Graeme Fisher Admn 11-Jul-1997
The court considered the duty of the authority to take account of guidance issued by the Secretary of State: ‘If the circular provided no more than guidance, albeit in strong terms, then the only duty placed upon health authorities was to take it . .
Cited – Regina v Ministry of Defence Ex Parte Smith and Others QBD 7-Jun-1995
An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive . .
Cited – Regina v Cambridge and Huntingdon Health Committee Ex Parte B CA 10-Mar-1995
A decision by a Health Authority to withhold treatment for a patient could be properly so made. It was not ordinarily to be a matter for lawyers. A Health Authority’s withholding of treatment, which might not be in a child’s simple best interests . .

Cited by:

Cited – A v Hoare; H v Suffolk County Council, Secretary of State for Constitutional Affairs intervening; X and Y v London Borough of Wandsworth CA 12-Apr-2006
Each claimant sought damages for a criminal assault for which the defendant was said to be responsible. Each claim was to be out of the six year limitation period. In the first claim, the proposed defendant had since won a substantial sum from the . .
Cited – AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening Admn 25-May-2010
The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not . .
Lists of cited by and citing cases may be incomplete.

Health, Administrative

Updated: 05 July 2022; Ref: scu.240360

Secretary of State for the Home Department v Hicks: CA 12 Apr 2006

The claimant was held as a suspected terrorist by the US government in Guantanamo Bay. He had Australian citizenship but qualified also for British citizenship. He had sought that citizenship and protection. The secretary of state appealed an order recognising his citizenship as of right, relying upon a provision allowing him to deprive someone of their citizenship where he had done something seriously prejudicial to the country’s vital interests. However he could not rely upon anything doe by the applicant before the new provision.
Held: Conduct of an Australian in Afghanistan in 2000 and 2001 was not capable capable of constituting disloyalty or disaffection towards the United Kingdom, a state of which he was not a citizen, to which he owed no duty and upon which he made no claims. Where a person has the right to citizenship and takes, or is prepared to take, the appropriate oath and give the appropriate pledge, basic fairness requires an assessment of his state of mind when he has become a citizen before he can be deprived of the citizenship granted. The appeal ws dismissed.

Judges:

Pill LJ, Rix LJ, Hooper LJ

Citations:

[2006] EWCA Civ 400

Links:

Bailii

Statutes:

British Nationality Act 1981, British Nationality Act 1948

Jurisdiction:

England and Wales

Citing:

Appeal from – Hicks, Regina (on the Application of) v Secretary of State for the Home Department Admn 13-Dec-2005
The claimant, an Australian, presently held by the US as a suspected terrorist in Guantanamo Bay sought to be registered as a British Citizen, saying he was entitled to registration as of right.
Held: The past behaviour of an applicant was not . .
Cited – Joyce v Director of Public Prosecutions HL 1948
The defendant was an American citizen but held a British passport. After the outbreak of war between Great Britain and Germany in 1939, he delivered from German territory broadcast talks in English hostile to Great Britain.
Held: His . .
Cited – Regina v Secretary of State for Home Department ex parte Naheed Ejaz QBD 23-Jul-1993
Using somebody else’s British passport, the applicant’s husband had masqueraded as a British citizen. The applicant had applied under section 6(2) of the 1981 Act for naturalisation as a British citizen on the ground that she was married to a . .
Cited – Regina v Arrowsmith 1975
The defendant was charged with endeavouring to seduce a member of Her Majesty’s forces from his duty or allegiance to Her Majesty.
Held: A soldier owes allegiance to the Crown, whether he has taken the oath of allegiance or not. . .
Cited – Geok v Minister of the Interior PC 1964
A provision of the Constitution of Malaysia allowed the Federal Government to deprive a person of his citizenship ‘if satisfied that he has shown himself by act or speech to be disloyal or disaffected towards the Federation’. The allegations against . .
Cited – Burns v Ransley 1949
(High Court of Australia) An Australian citizen, was convicted of uttering seditious words, contrary to Section 24 of the Crimes Act 1914-1946. Under S24B seditious words were words expressive of a seditious intention, and a seditious intention, by . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 05 July 2022; Ref: scu.240361

Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1658): CA 9 Dec 2005

Judges:

Lord Justice Waller Lord Justice Jonathan Parker Mr Justice Moses

Citations:

[2005] EWCA Civ 1658

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513) CA 9-Dec-2005
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee.
Held: The . .

Cited by:

See Also – Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513) CA 9-Dec-2005
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Administrative, Agriculture, Insolvency

Updated: 05 July 2022; Ref: scu.238637

Bloomsbury International Ltd and Others v Sea Fish Industry Authority and Another: QBD 24 Jul 2009

Parties challenged the legality of a levy imposed by the defendant for the purposes of supporting the sea food industry. They said that a levy imposed on fish products imported to the UK was beyond the powers given by the 1981 Act, and was contrary to EU law.
Held: The challenge was dismissed as to both arguments.

Judges:

Hamblen J

Citations:

[2009] EWHC 1721 (QB), [2010] 1 CMLR 12

Links:

Bailii

Statutes:

Fisheries Act 1981, Sea Fish Industry Authority (Levy) Regulations 1995

Jurisdiction:

England and Wales

Citing:

Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .

Cited by:

Appeal from – Bloomsbury International Ltd and Others v The Sea Fish Industry Authority and Another CA 18-Mar-2010
The company, importers of fish, challenged the lawfulness of Regulations which imposed a levy requiring them to contribute to the training of UK fishermen.
Held: The company’s appeal succeeded. . .
At first instance – Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs SC 15-Jun-2011
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Administrative, European

Updated: 04 July 2022; Ref: scu.361473

Condron v National Assembly for Wales, Miller Argent (South Wales) Ltd: Admn 21 Dec 2005

Judges:

Mr Justice Lindsay

Citations:

[2005] EWHC 3007 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – National Assembly for Wales v Condron and Another CA 27-Nov-2006
The objector had successfully challenged a planning decision saying that a remark by the chairman of the planning committee demonstrated bias and an effective pre-determination of the decision. The committee supported by the developer appealed.
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 04 July 2022; Ref: scu.238172

Elias, Regina (on the Application of) v Secretary of State for Defence and Another: Admn 7 Jul 2005

Judges:

Elias J

Citations:

[2005] EWHC 1435 (Admin), [2006] 1 WLR 3213, [2005] IRLR 788, [2006] ACD 10

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Secretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
Cited – Lisa Smith, Regina (on the Application of) v South Norfolk Council Admn 10-Nov-2006
The claimant gypsies had bought and moved onto land in Norfolk and stayed there in breach of planning enforcement notices. The inspector upheld the notices, but advised the Council of the difficulties in finding sites and had stayed enforcement for . .
Cited – Mohammed, Regina (on the Application of) v Secretary of State for Defence CA 1-May-2007
In 2000, the defendant introduced a policy to make compensation payments for those British services personnel who had been imprisoned by the Japanese in the second world war. The appellant, a citizen of Pakistan had served in the Indian Army, was . .
Cited – Amnesty International v Ahmed EAT 13-Aug-2009
amnesty_ahmedEAT2009
EAT RACE DISCRIMINATION – Direct discrimination
RACE DISCRIMINATION – Indirect discrimination
RACE DISCRIMINATION – Protected by s. 41
UNFAIR DISMISSAL – Constructive dismissal
Claimant, of . .
Lists of cited by and citing cases may be incomplete.

Administrative, Discrimination

Updated: 01 July 2022; Ref: scu.228908

Le Voci v Council: ECJ 14 Jul 2005

ECJ (Staff Regulations) Officials – Internal competition – Non-admission to the oral tests – Breach of the competition notice – Irregularity in the conduct of the tests of such a kind as to distort the results – Principle of equal treatment and non-discrimination – Principle of sound administration.

Citations:

[2005] EUECJ C-371/03

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 01 July 2022; Ref: scu.228833

Commission v Spain C-84/03: ECJ 13 Jan 2005

ECJ Law Relating To Undertakings – Failure to fulfil obligations – Directives 93/36/EEC and 93/37/EEC – Public contracts – Award procedure for public supply and public works contracts – Scope – Definition of contracting authority – Inter-administrative cooperation agreements – Definition of contract – Use of the negotiated procedure in cases not provided for by the directive

Judges:

CWATimmermans, P

Citations:

[2005] ECR I-139, [2005] EUECJ C-84/03

Links:

Bailii

Statutes:

Directive 93/37/EEC, Directive 93/36/EEC

Jurisdiction:

European

Cited by:

Cited – Edenred (UK Group) Ltd and Another v HM Treasury and Others SC 1-Jul-2015
Challenge to the decision by HM Treasury to use National Savings and Investments to deliver the Government policy of Tax-free Childcare. The claimants said that the 2006 Regulations imposed an obligation to put such contracts out to tender.
Lists of cited by and citing cases may be incomplete.

Company, Administrative

Updated: 28 June 2022; Ref: scu.221473

Sintesi SpA v Autorita per la Vigilanza sui Lavori Pubblici: ECJ 7 Oct 2004

Approximation Of Laws – Directive 93/37/EEC – Public works contracts – Award of contracts – Right of the contracting authority to choose between the criterion of the lower price and that of the more economically advantageous tender

Judges:

CWA Timmermans, P

Citations:

C-247/02, [2004] EUECJ C-247/02, [2005] 1 CMLR 12, [2004] ECR I-9215

Links:

Bailii

Statutes:

Directive 93/37/EEC

Jurisdiction:

European

Cited by:

Cited – Edenred (UK Group) Ltd v Her Majesty’s Treasury and Others QBD 22-Jan-2015
The claimant challenged the means of implementation of the new scheme of tax-free childcare support, saying that the 2006 Regulations should have been applied before the allocation of the administration of the new scheme had been given to the . .
Cited – Edenred (UK Group) Ltd and Another v HM Treasury and Others SC 1-Jul-2015
Challenge to the decision by HM Treasury to use National Savings and Investments to deliver the Government policy of Tax-free Childcare. The claimants said that the 2006 Regulations imposed an obligation to put such contracts out to tender.
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 21 June 2022; Ref: scu.216230

Commission v Germany (Law Relating To Undertakings): ECJ 10 Apr 2003

ECJ Failure by a Member State to fulfil its obligations – Admissibility – Legal interest in bringing proceedings – Directive 92/50/EEC – Procedures for the award of public service contracts – Negotiated procedure without prior publication of a contract notice – Conditions

Citations:

C-28/01, [2003] EUECJ C-28/01

Links:

Bailii

Statutes:

Directive 92/50/EEC

Jurisdiction:

European

Administrative

Updated: 21 June 2022; Ref: scu.213856

A, Re Application for Judicial Review: QBNI 25 Jun 2001

The applicant, who feared for his life if identified, sought the release to him of materials discovered by the police in searching premises associated with a loyalist paramiliitary group. He thought that they might include information sourced form the security services. The request was refused. The police offered assistance and advice with the applicant’s security instead.
Held: The state had a duty to assess such a risk, and to provide some information to the applicant, but also had a margin of appreciation as to how it would protect the lives of an individual. He was not entitled to obtain this information in order to take proceedings himself against those who had released information about him. He remained free to take proceedings if he wished.

Judges:

Kerr J

Citations:

[2001] NIQB 21

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Cited – Ogur v Turkey ECHR 20-May-1999
A nightwatchman at a mining site, the claimant’s son, was killed one morning by Turkish security forces when he was coming off duty. The Government said that the scene of the incident had been used as a shelter by terrorists. The applicant claimed . .
Cited – Aydin v Turkey ECHR 25-Sep-1997
ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel); Violation of Art. 3; Violation of Art. 13; Not necessary to examine Art. 6-1; No violation of Art. 25-1; Not necessary to . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Regina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
Cited – Taylor and Others v Director of The Serious Fraud Office and Others HL 29-Oct-1998
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
Cited – Velikova v Bulgaria ECHR 18-May-2000
The applicant complained under Articles 2, 6, 13 and 14 of the Convention in respect inter alia of the alleged ineffective investigation into the death in police custody of Mr Tsonchev, the man with whom she had been living.
Held: ‘The Court . .
Cited – Aytekin v Turkey ECHR 23-Sep-1998
The applicant was the widow of a man who was unlawfully killed by a soldier. The soldier had been prosecuted for causing the death of the applicant’s husband and had been convicted of unintentional homicide. The widow’s appeal against the verdict . .
Lists of cited by and citing cases may be incomplete.

Police, Administrative

Updated: 13 June 2022; Ref: scu.202147

A and Kanidagli, Regina (on the Application Of) v Secretary of State for Home Department: Admn 6 Jul 2004

The claimants, having been granted leave to remain in the UK, sought damages saying that maladministration by the defendant had led to serious delays in their receiving statutory welfare benefits.
Held: It was fair, just and reasonable that an administrative error of this kind, involving no judgement but simple administration and with a predictable financial effect for which there was no other remedy, should be regarded as arising out of a sufficiently proximate relationship to found a claim for damages.

Judges:

Keith J

Citations:

[2004] EWHC 1585 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Home Office v Mohammed and Others CA 29-Mar-2011
The claimants sought damages saying that after a decision had been made that they should receive indefinite leave to remain in 2001 (latest), the leave was not issued until 2007 (earliest) thus causing them severe losses. The defendant now appealed . .
Lists of cited by and citing cases may be incomplete.

Administrative, Torts – Other, Negligence

Updated: 11 June 2022; Ref: scu.198637

Farnell, Regina (on Application By) v Criminal Cases Review Commission: Admn 15 Apr 2003

The appellant sought judicial review of the respondents refusal to refer his case back to the Court of Appeal.
Held: The Commission had misunderstood the way in which the Court of Appeal worked, by anticipating that it would reconsider the evidence. In this case, the defendant and the court had not allowed as a serious question the possibility that the defendant’s mental condition might make him more susceptible to provocation. The commission was to ask whetther there was a real possibility that the court could not be sure the issue was properly formulated. In view of later case law, that possibility existed, and the Commission should have referred the case.

Judges:

Mitchell, Maurice Kay JJ

Citations:

Times 02-Jun-2003, [2003] EWHC 835 (Admin)

Links:

Bailii

Statutes:

Homicide Act 1957 3, Criminal Appeal Act 1995 13

Jurisdiction:

England and Wales

Citing:

Cited – Regina (IH) v Secretary of State for the Home Department and Another CA 15-May-2002
The applicant was a restricted mental patient. His conditional release had been ordered, but required a consultant psychiatrist to be found who would agree to supervise him. None such could be found, and his detention continued. After two years he . .
Cited – Stirland v Director of Public Prosecutions HL 1944
The House considered what was the appropriate test for allowing a conviction to stand despite the finding of an irregularity in the trial.
Held: The House must be satisfied that there was ‘a situation a reasonable jury, after being properly . .
Lists of cited by and citing cases may be incomplete.

Administrative, Criminal Practice

Updated: 07 June 2022; Ref: scu.185028

Secretary of State for Defence v Shaun Francis Rusling: QBD 13 Jun 2003

The applicant sought a war pension, saying he had been affected by ‘Gulf War Syndrome.’ The Pensions Appeal Tribunal had found the condition to be capable of justifying a pension. The Secretary said the matter had been resolved.
Held: The Tribunal had a duty before accepting that a matter was concluded, to ensure that all the issues had been resolved. To do that it was necessary for the Secretary of State to put before the tribunal all relevant material and the full terms of the subsequent decision.

Judges:

The Honourable Mr Justice Newman

Citations:

[2003] EWHC 1359 (QB), Times 17-Jul-2003

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Armed Forces

Updated: 07 June 2022; Ref: scu.184645

Regina (Harrison) v Secretary of State for the Home Department: CA 13 Mar 2003

The claimant sought a review of the decision of the respondent not to respond to his request for a declaration as to his entitlement to citizenship.
Held: The question the claimant sought to be answered was one for the courts to answer, not the respondent. That is why the system gave no right of administrative review or appeal against the respondent’s refusal to acknowledge the claim for citizenship. Since the respondent had not determined any of the claimant’s rights, his human rights had not either been engaged.

Judges:

May, Arden Keene LJJ

Citations:

Times 15-Apr-2003, [2003] EWCA Civ 432

Links:

Bailii

Statutes:

British Citizenship Act 1981

Jurisdiction:

England and Wales

Administrative, Immigration

Updated: 07 June 2022; Ref: scu.180992

Pfizer Ltd, Regina (on the Application Of) v Secretary of State for Health: CA 6 Nov 2002

The applicant appealed a refusal of a judicial review of the respondent’s decision to restrict the prescription of their drug Viagra. They argued that under the transparency directive, the government was obliged to carry out a public process of comparing priorities.
Held: The process of making this decision was one of allocating funds to competing needs and choosing priorities. That was essentially a political decision about the affordability of different remedies. It was not clear what sort of analysis might be given if ordered, and was not to be required as a pre-requisite of restricting prescription.

Judges:

Lord Justice Buxton, Lord Justice Simon Brown, Lord Justice Carnwath

Citations:

Times 11-Nov-2002, Gazette 16-Jan-2003, [2002] EWCA Civ 1566

Links:

Bailii

Statutes:

Council Directive 89/105/EEC the Transarency Directive Art 7

Jurisdiction:

England and Wales

Health, Administrative

Updated: 06 June 2022; Ref: scu.178109

Partex v Commission T-182/96: ECFI 16 Sep 1999

ECJ 1 In so far as a Member State confirms the accuracy of the facts and accounts in final payment claims in respect of a grant of financial assistance from the European Social Fund (ESF), it is responsible to the Commission for the certifications which it submits.
Furthermore, given that Member States are under an obligation, pursuant to Article 2(2)of Decision 83/516 on the tasks of the ESF, to guarantee the successful completion of the operations financed, any certification under Article 5(4)of Regulation No 2950/83 on the implementation of Decision 83/516 must be regarded as being by nature an operation carried out by Member States subject to all reservations. A different interpretation would undermine the effectiveness of Article 7 of Decision 83/673 on the management of the ESF, which requires Member States to give notice of irregularities found in the management of operations to be financed through the ESF. In addition, the Commission may, under Article 7(1)of Regulation No 2950/83, check final payment claims, `without prejudice to any controls carried out by the Member States’. Those obligations and powers on the part of the Member States are not limited by any restriction in time. Consequently, where a Member State has already certified the accuracy of the facts and accounts in the final payment claim, it may still alter its assessment of the final payment claim if it considers that this contains irregularities which had not been previously detected.
2 The obligation, laid down in Article 190 of the Treaty (now Article 253 EC), to state the reasons for an individual decision is intended to provide the person concerned with sufficient information to enable him to determine whether the decision is well founded or whether it is vitiated by an error which may permit its validity to be contested, and to enable the Community judicature to review the lawfulness of the decision. A decision reducing the amount of ESF assistance initially granted must, in view of the serious consequences for the recipient, either show clearly the grounds justifying that reduction or refer with sufficient clarity to a measure of the competent national authorities in the Member State concerned, in which the reasons for such a reduction are clearly set out.
3 As regards the time which elapses between the lodging of a final payment claim by the national authority responsible for matters concerning ESF funding and the Commission’s adoption of a decision in relation to that claim, the question whether that time-gap is reasonable must be determined in relation to the particular circumstances of each individual case. In particular, it is necessary to take account of its context, the various procedural stages followed, the complexity of the case and its importance for the various parties involved.
4 A measure is tainted by misuse of powers only if it appears, on the basis of objective, relevant and consistent factors, to have been taken with the exclusive purpose, or at least the primary purpose, of achieving an end other than that stated or of evading a procedure specifically prescribed by the Treaty for dealing with the circumstances of the case.

Citations:

[1999] EUECJ T-182/96

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 06 June 2022; Ref: scu.173289

Lilian R Khouri v Commission of the European Communities (Rec 1992,p II-2637): ECFI 18 Dec 1992

1. Where the application of a rule of the Staff Regulations depends on the application of a legal rule applying in the legal system of one of the Member States, it is in the interest of the sound administration of justice and proper application of the Staff Regulations that the review by the Court of First Instance should also extend to an examination of the way in which the appointing authority of a Community institution has interpreted the national law of one of the Member States. 2. Under Article 2(4) of Annex VII to the Staff Regulations, the treatment, as a dependent child, of a person whom an official has a legal responsibility to maintain and whose maintenance involves heavy expenditure constitutes an exceptional step. The condition that the official must have a legal responsibility to maintain a person other than a dependent child must for that reason be interpreted strictly. The concept of ‘a legal responsibility to maintain’ used in the Staff Regulations is derived from the legal systems of the Member States, which, under their laws, impose a mutual obligation to provide maintenance on relatives by blood and/or marriage of a greater or lesser degree of proximity. That concept must therefore be understood as referring exclusively to an obligation of maintenance imposed on an official by a source of law independent of the will of the parties and as excluding maintenance obligations of a contractual, moral or compensatory nature. Since neither Community law nor the Staff Regulations provide the Community court with any guide as to how it should define, by way of independent interpretation, the meaning and scope of the concept of a legal responsibility to maintain entitling an official to receive a dependent child allowance under Article 2(4) of Annex VII to the Staff Regulations, it is necessary to determine whether the national legal system to which the official in question is subject imposes such a responsibility on the official. 3. The terms of a provision of Community law which makes no express reference to the laws of the Member States for the purpose of de?ermining its meaning and scope must normally be given an independent interpretation which must take into account the context of the provision and the purpose of the relevant rules. In the absence of an express reference to the laws of the Member States, the application of Community law may sometimes necessitate reference to the laws of the Member States where the Community court cannot identify in Community law or in the general principles of Community law criteria enabling it to define the meaning and scope of such a provision by way of independent interpretation.

Citations:

T-85/91, [1992] EUECJ T-85/91

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 06 June 2022; Ref: scu.172530

Heinz-Jurg Moritz v Commission of the European Communities: ECFI 13 Dec 1990

EU 1. Officials – Actions – Time-limits – Absolute bar – Examination of Court’s own motion (Staff Regulations, Art. 91) 2. Officials – Action – Periodic report – Prior administrative complaint -Optional (Staff Regulations, Arts 90 and 91) 3. Officials – Assessment – Periodic report – Drawing up of report -Lateness – Delay partly attributable to the official (Staff Regulations, Art. 43) 1. Since time-limits for bringing actions are mandatory and form an absolute bar, it is for the Court to examine, even of its own motion, whether they have been complied with. 2. The making of a formal complaint, within the meaning of Article 90 of the Staff Regulations, is not a necessary pre-condition for the bringing of an action if the action concerns a periodic report. In the absence of a complaint, the period of three months for bringing an action laid down in Article 91(3) of the Staff Regulations begins to run from the day on which the periodic report that may be considered final was notified to the official concerned. 3. An official cannot complain of delay in the drawing up of his periodic report and claim non-material damage in that regard if the delay was attributable to him, at least in part, or if he contributed considerably to the delay.

Citations:

T-20/89, [1990] EUECJ T-20/89

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 06 June 2022; Ref: scu.172308

Tagaras v Court of Justice: ECFI 7 Feb 1991

(Rec 1991,p II-53) 1. In a case where reclassification is requested the decision appointing a person as a probationary official – which must be in writing, must have been taken by the appointing authority, must specify the date on which the appointment takes effect, and must assign the official to a post – is to be seen as the act adversely affecting the official. That is the decision which defines the duties for which the official has been appointed and definitively fixes the corresponding grade.
2. The principle of legal certainty, which forms part of Community law, requires that every measure of the administration having legal effects must be clear and precise and must be drawn to the attention of the person concerned in such a way that he can ascertain exactly the time at which the measure comes into being and starts to produce its legal effects, particularly as regards the period allowed for bringing an action to challenge it.
3. Although an official is entitled to request the appointing authority to reconsider his classification, in order to encourage an amicable settlement of the dispute between himself and the administration by allowing the administration to review its position, that option does not have the effect of allowing him to set aside the time limits laid down in the Staff Regulations for lodging a complaint and for applying to the Court.
An application lodged before the expiry of the period allowed for a reply to the complaint against the implied decision of rejection is premature and hence inadmissible.
4. The appointing authority has a wide discretion, within the limits laid down by the second paragraph of Article 32, to allow additional seniority in step on recruiting an official, in order to take account of the training and previous experience of the person concerned, both as regards the nature and the duration of that experience and its relationship, be it close or otherwise, to the requirements of the post to be filled.
The training and special experience in question should be appraised as at the time of appointment as a probationary official.
5. There is a breach of the principle of equal treatment laid down in Article 5(3) of the Staff Regulations when two categories of person whose factual and legal circumstances disclose no essential difference are treated differently at the time of their recruitment
The same is true where situations which are different are treated in an identical manner

Citations:

T-18/89, [1991] EUECJ T-18/89

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 06 June 2022; Ref: scu.172306

Wooder, Regina (on the Application of) v Feggetter and Dr Grah: CA 25 Apr 2002

The patient challenged the treatment given to him against his will as a detained mental patient. He said the opinion of the second doctor as required under the Act, had not been put into writing.
Held: Following Wilkinson, which allowed a challenge to such decisions, it was inevitable that a written opinion would be required from the second doctor. Otherwise the challenge would not be possible. The duty did not go so far as to require disclosure of the request to the second doctor for that opinion.

Judges:

Lord Justice Potter, Lord Justice Brooke and Lord Justice Sedley

Citations:

Times 28-May-2002, Gazette 30-May-2002, [2002] EWCA Civ 554, [2003] QB 219

Links:

Bailii

Statutes:

Mental Health Act 1983 53

Jurisdiction:

England and Wales

Citing:

Cited – Regina (Wilkinson) v Broadmoor Special Hospital and Others CA 22-Oct-2001
A detained mental patient sought to challenge a decision by his RMO that he should receive anti-psychotic medication, despite his refusal to consent, and to challenge a certificate issued by the SOAD.
Held: Where a mental patient sought to . .

Cited by:

Cited – Hasan, Regina (on the Application of) v Secretary of State for Trade and Industry CA 25-Nov-2008
The claimant appealed refusal of leave to bring judicial review of decisions to sell arms to the Israeli state. He lived in Palestine and said that Israel had destroyed his farm, and that licences broke the criteria under the 2002 Act. He said that . .
Lists of cited by and citing cases may be incomplete.

Health, Administrative

Updated: 06 June 2022; Ref: scu.171225

Langton, Allen, Regina (on the Application of) v Department for the Environment, Food and Rural Affairs and Another: Admn 17 Dec 2001

The claimants were farmers, who had been made subject to orders under the Act. They had accumulated maggot waste on their land. The second defendant accepted that the waste included material which would be high risk under the Directive. The defendant had entered the claimant’s land to execute works required under the notice, and the claimant argued this interfered with their property rights under the Convention. The maggot waste which had been supplied to him had included other animal wastes.
Held: Neither the Act for the Order allowed any provision for an appeal. Was judicial review a sufficient alternative remedy? Some of the significant decisions predated the Human Rights Act, and the actual procedure adopted allowed representations to be made, and for review if necessary. The Act was compliant.

Judges:

Mr Nigel Pleming QC (Sitting As A Deputy High Court Judge

Citations:

[2001] EWHC Admin 1047

Links:

Bailii

Statutes:

Animal Health Act 1981, Animal By-Products Order 1999, European Convention on Human Rights, Council Directive 90/667/EEC of 27th November 1990.

Citing:

Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Cited – McLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another CA 16-Oct-2001
The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights.
Held: Review was . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Animals, Human Rights, Judicial Review, Administrative

Updated: 05 June 2022; Ref: scu.167368

Wykeham (Trading as Knightwood Kennels) and Another v The Minister of State for Agriculture, Fisheries and Food: Admn 19 Nov 2001

Appeal from refusal of leave to seek judicial review of letter altering arrangements for compensation to quarantine kennels on the relaxation quarantine requirements.

Judges:

Rafferty J

Citations:

[2001] EWHC Admin 979

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Animals

Updated: 05 June 2022; Ref: scu.167270

Regina (on the Application of Widgery Soldiers) v Members of the Tribunal Sitting As the Bloody Sunday Inquiry: Admn 16 Nov 2001

Challenge by judicial review to a ruling of the Bloody Sunday Inquiry ruling that the soldiers and former soldiers, to give oral evidence before the Tribunal over a period of some six months should do so in Londonderry Guildhall where, hitherto, for the most part the Tribunal has sat, rather than in London or some other part of Great Britain.

Citations:

[2001] EWHC Admin 888

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 05 June 2022; Ref: scu.167266

Regina (on the Application on Denis James Galligan) v the Chancellor Masters and Scholars of the University of Oxford: Admn 22 Nov 2001

The applicant was director of the institute for socio-legal studies in Oxford. He made a decision to exclude a lecturer, and now challenged a decision by the University to set up an external enquiry into his decision, after an earlier decision to support the exclusion. The terms of the enquiry risked raising matters which might lead to disciplinary proceedings against the claimant.
Held: The decision had been taken under the Chancellor’s general powers and could not be described as perverse or unreasonable. The claimant would not be put at risk of disciplinary proceedings. A legitimate expectation claim required to establish just what had been promised, whether it intended to act unlawfully with regard to that commitment, and what the court should do. No claim for legitimate expectation arose.

Judges:

Justice Scott Baker

Citations:

[2001] EWHC Admin 965

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v British Broadcasting Corporation ex parte Lavelle 1983
Prerogative remedies are only available to impugn a decision of a tribunal which is performing a public duty. Judicial review is not applicable in a strict master and servant relationship based on private contract of employment as there is no . .
Cited – Regina v London Borough of Newham and Bibi and Al-Nashed CA 26-Apr-2001
The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly.
Held: That promise had created a legitimate expectation: ‘In all legitimate . .
Lists of cited by and citing cases may be incomplete.

Education, Administrative

Updated: 05 June 2022; Ref: scu.167272

Rajkumar v Lalla, Wooding, Mohammed, Walters, Seemungal, (Public Service Commission) and Baptiste (The Commissioner of Prisons): PC 29 Nov 2001

(Trinidad and Tobago) The appellant complained that he had not been treated fairly as a civil servant in having been passed over for promotion. He sought to appeal a finding on judicial review.
Held: While some proceedings for judicial review require more elaborate procedures, it is in no sense an optional procedure to be contrasted with some more formal procedure, and no leave is required from a final order in such proceedings. The appellant had been an acting Prison Officer grade II for ten years. The decision of the judge was in error, but the committee could not order his appointment. The case was remitted for the Civil Service Commission for their active consideration, and in the absence of a positive decision, full reasons were to be given.

Judges:

Lord Nicholls of Birkenhead, Lord Mackay of Clashfern, Lord Hobhouse of Woodborough, Lord Millett, Sir Andrew Leggatt

Citations:

Appeal No 1 of 2001, [2001] UKPC 53

Links:

PC, PC, PC, Bailii

Jurisdiction:

Commonwealth

Citing:

Cited – Jones v Solomon 1986
(Court of Appeal of Trinidad and Tobago) Judicial review proceedings do not involve the full trial process, and are therefore summary. . .
Lists of cited by and citing cases may be incomplete.

Administrative, Employment, Judicial Review

Updated: 05 June 2022; Ref: scu.166941